>> getting tons of tweets about the poem, called yourself to blame. i went and goggled it. i love it. google it. use it. love it. everybody here on the crew just made copies. we blame ourselves. thanks for watching. >> shepard: i never hear that before you read it. it was great. >> such a good message. >> shepard: i thought we blamed the media, everything is our fault. >> that will wind up in a clip. >> shepard: the news begins anew on studio b, all eyes and ears on the sprem court where the justices argued over same-sex marriage right. the court just released some audio from the arguments. the italian court ordered a

retile for foxy knoxy, amanda knox is her name, a year after it cleared her of murdering her roommate in a drawing-fueled sex game but can the italians get her back? , and north korea is warning it has missiled aimed at the united states and they just put them on ready to fire status. that ahead unless breaking news changes everything. first, from fox, at 3:00 in new york city, the fight over same-sex marriage rights has reached our nation's highest court, for the first of two days of argument. already some justices have suggested the court may not issue a ruling at all. [chanting] >> supporters and opponents out in force, and they're all outside the supreme court. in what is clearly one of the most highly anticipated issue to reach the nine justices this

year. the court has afridi to release same-day audio from the argument, which it has not done since the debate over president obama's healthcare overhaul last year. public opinion has changed and significantly over the past decade. the latest fox news opinion poll shows 49% of registered voters favor day marriage. a jump from 32 understand '03. and according to the same poll, 55% of voterred say individual states should be allowed to decide whether same-sex couples can marry there. today's case, the pez over california's proposition 8. it amended the state constitution to label major as only between man and a woman before a judge and appeals court put the measure on hold. it's argued it violates the constitution and the right of every citizen to equal protection under the law. that's the equal protection laws.

the supporter says the court should not interfere in the democratic process. we do not expect the nine justices to deliver their final ruling until june but today we may have gotten hints when justice anthony kennedy said the court may be entering uncharted waters. shanea is live there at the supreme court. how is it possible that the judges could dismiss this case. >> there is a technical legal term about standing, are the right parties here to bring the case. is the case ready for the court to decide. you may remember when prop 8 was passed in california, both attorney general and the governor said, we're not going to defend it, and that meant there was nobody to defend the state's law. so a number of supporters of prop 8 took up the fight themselves. they brought the case here today. but because it's not the state officially acting on behalf of the voters who passed the law, there were a number of justices who had questions about the standing issue and whether or not they didn't actually get to the merits of the case.

>> shepard: the attorney for supporters of prop 8, a guy i never heard of, what did he do to persuade the court? >> he said his is something that was pass loud the democratic process and the court senate overturn anything, and the voters had chosen to do. he said kids need a mom and a dad and that's the traditional foundation of our society. but justice anthony kennedy asked about the children of same-sex couples. here's a built of what he had to say. >> is an immediate legal injury or legal -- could be a legal injury, and that's the voice of these children. there's some 40,000 children in california, according to the brief, that live with same-sex parents. and they want their parents to have full recognition and full status. the voice of those children is important in this case, don't you think?

>> of course because he is potentially the swing vote, we're parsing everything that justice kennedy had to say today, but important to note he also said he is not sure this case is ready for a decision or properly before the court. >> shepard: what about the two lawyers arguing. this is just unconstitutional. >> they said what happened with prop 8, it's discrimination and in fact against a specific class, against same-sex couples who want the same rights to mary as heterosexual couples. they said basically it's unconstitutional and doesn't mean equal protection clause. they want the court to move ahead but justice alito said it's not time yet. >> you want us to step in and render a decision based on the effects of this institution which is newer then cell phones and the internet? we do not have the ability to see the future. on the question like that, of

such fundamental importance, why should it not be left for the people, either acting through initiatives and referendums or elect public officials. >> whether or not we get to the merits a decision will likely come in late june. >> shepard: an institution newer than cell phones. interesting take. judge not a not a is here. you can make the argument this is not knew at all. seems the argument that wantprof people in society are allow today do, some whatever it is, through the state, then this group should be allowed to do it, too, especially if, in numbers, they are the minority. >> you have articulated in your own unique way, shep, the equal protection clause in the constitution. the federal constitution. which says that the states must treat similarly situated people

in a similar way. it's going to grant rights to one group, it has to grant rights to a similarly situated group. that's the argument against proposition 8. just reading between the lines from shannon's superb report -- she was in the courtroom, i wasn't -- i think the court may very well say, we're not ready to rule on this. if that happens, then the ninth circuit court of appeals decision below stands and proposition 8 is invalidated and same-sex marriage will be lawful in california and those 18,000 couples who got married between the time the supreme court of california said it's lawful and the voters said it's unlawful, we'll have valid marriages. and the reason for that is justices don't want to get into the issue of standing, basically saying to a lawyer, who are you? you don't represent the state of california. how didout get here? you just can't walk in the courtroom and claim to speak in behalf of a movement.

the for doesn't want the law defended. weapon don't want to hear the argument about the law. the same thing tomorrow with the defense of marriage act who where the president has said, doma is unconstitutional and prohibited the justice department from defending it. so chief justice tomorrow will probably say, who are you, what are you doing sneer you don't represent the federal government so these are two very unique procedural quirks the court may say, we're not ready to hear either case. >> shepard: in the first scenario that you mentioned, proposition 8 goes away, that affects california and california only jibe correct. >> shepard: then what what we expect to see in days, months, and years ahead, is a series of lawsuits individual to each stae that's correct. >> shepard: and then as the tide turns and people under the age

of 25 don't understand why you care who else gets married. come on. then eventually the government would recognize that, when they say equal protection, they meant equal protection for everybody. for women, meant equal protection for black people, for gay people, they mean equal protection for all the people. and if the majority doesn't like it, that's too bad. >> that is an argument that will have to be made in 50 -- 49 different litigations in each of the remaining 49 states, rather than all at once before the supreme court once and for all. >> judge, we'll follow this. more argument tomorrow on the defense of marriage act. north dakota today became one of the most restrictive stateness all the nation when it comes to abortion. the governor there today approved some bills that would outlaw organization if a fetal

heartbeat can be detected, which can happen as early as six weeks into pregnancy, and also signed a bill that would make north dakota the first to ban abortions based on genetic defect, such as down syndrome, and any doctor who skirts the rules could face up to five years in prison. abortion rights advocate promised a legal fight that will be long and costly, and even more important than those signed today, there's a rule -- the first amendment people who have been -- tried it in south dakota and colorado and mississippi, that's now going to the people for referendum. the pentagon's top spokesman today denied the united states military has been training syrian rebel fighters. we reported here yesterday they had been doing that for eight months. say say, no. the key word being military, which appears to leave open the possibility that actually the cia is doing the training.

just yesterday u.s. officials told fox news that the training of rebel fighters has been going on for eight months and the trainees do not include members of the free syrian army which has suspected ties to al qaeda. the pentagon spokesman claimed the military is not involved in any of that, and i quote: let me be very clear. the united states military is not conducting training of the syrian opposition. we are working closely with our jordanian partners on training. but no element of the united states military is involved in training any syrian opposition groups. >> the white house has not as forceful when pressed over whether the united states in general is training elements of syrian opposition. they won't be straight on one part, will on the other. you can draw your own conclusion. hello,ii, cia. are the white house and pentagon in sync on this matter? >> they may be but also seem to

be intentionally unclear. the white house says we're not providing military aid. the pentagon says it's not training opposition fighters, which leaves open the possibility the military is training the jordans to train the syrian fighters or the cia is training syrian fighters in jordan. the white house doesn't comment on intelligence matters and jay carney offered little insight today. >> includes equipment, the other issues i don't have anything for you. >> couldles mean the u.s. is training opposition leaders on the working of democracy and inclusiveness. we don't know. >> shepard: the arab league took a step to help the opposition. >> the league recognized the leader of the opposition and authorized the league member states to support the rebels.

now, just yesterday, opposition leader said he was stepping down and the state department was defending itself from critics who said he might not have quit if the u.s. had given the rebels more support. the state department spokesman says his status is unclear. >> refer to him on that but -- >> a few days ago arizona senator john mccain called on the president to pursue limited military options to support kadib's group. >> shepard: thank you. another murder trial now for amanda knox. it will be a different trial and the defendant may not be there. people in their 20s or paying a price for all the business they do online. they're the most common target for identity thief. there's a way to stop that.

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>> shepard: amanda knox now, the woman the italian media dubbed foxy knoxy, will face another murder trial. a stung ruling after she left an italian court a tree mom. today italys supreme court threw out her acquittal. she was studying abroad when her british roommate turned up dead. the prosecutors say she and her boyfriend got drunk and slit the victim's throat. she was sentenced to prison but the appeals court tossed the verdict-not guilty. knox went home to seattle and after serving four years in an italian prison she was free. she called the decision for a new trial painful. her attorney in italy said he called her as soon as the decision came down. >> shocked, very sad. thought this was the end of a nightmare, but she is also very

strong and says she is willing to fight again. she did all this up to now. >> shepard: of course big questions here. the court is likely to try her without her being there, and if the jury orders her back to prison, italian authorities could have a tough time getting her out of the united states. the reason for that is the same reason a lot of people will not send -- if we convict a citizen from another country which doesn't have the death penalty, they won't extradite those people back here because we do. in this case, we might not send her back because we don't allow double-jeopardy, and by definition that's what this is. >> exactly: as you correctly stated, double jeopardy. she would be tried again for the same offense. italy does not have a double jeopardy law like in the us, and one athe u.s. can deny the extradition request, if italy requests it is by saying, look,

she's not going to have a fair process there in italy. so we're not sending her over there. >> shepard: in the meantime, the trial goes on, and it's possible she could -- first she was found guilty and then acquitted and now she would be found guilty again. >> yes. actually right now, we don't -- still don't know exactly what the court made its decision on. for example, we have 90 days before any type of ruling will come out. >> shepard: 90 days. we're positive it's that long. >> within 0 days. shep once they start the trial, how can you try someone in absentia. >> hit itly allows it. the courting change its mind and say it may be necessary for her to be there but right few we haven't heard that and based on the reports and statements of her attorneys they don't have reason to believe that will happen. >> shepard: why is it they brought her back? because there's in evidence? they found something different that wasn't part of the trial last anytime? >> the prosecutors made the

argument -- remember in 2011, as soon as she and her, boyfriend received the acquit cal, the prosecutors immediately lodged an appeal with the italian supreme court, and their argument was that the appeals court based their decision too much on the dna evidence or the lack thereof. >> shepard: so the appeals court said there's not any dna evidence here, that's why wire throwing this out. >> exactly. they found there was no murder weapon. the prosecutor failed to establish some type of motive, except for the fact they were young. >> shepard: and american. >> of course there's the political bias that has been spoken about. and the dna evidence was flimsy. they felt that the investigation that was held been in a little town they were staying in, basically they had no experience in launching and investigating these types of accusations, and they made some mistakes.

>> shepard: cease still home in set with he friends and apparently doing well. the banks in cyprus have been closed for well over a week now. officials say they're worried about what happens when they open the doors. will we see iran on the banks? a live report next. >> one last witness in the jodi arias trial. it's actually coming to an end. will she help the defense or dig a deeper hole for this murder defendant? last witness. that's coming up. look, if you have copd like me, you know it can be hard to breathe, and how that feels. copd includes chronic bronchitis and emphysema. spiriva helps control my copd symptoms by keeping my airways open for 24 hours. plus, it reduces copd flare-ups. spiriva is the only once-daily inhaled copd maintenance treatment that does both. spiriva handihaler tiotropium bromide inhalation powder

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>> shepard: protesters in cyprus rallied against the extensive bank closures. officials said most of the financial institutions would re-open today.

but just before midnight the central bank made a decision announcing all banks would remain closed until thursday. businesses are struggling to stay afloat and people are calling for banks to let them get their hands on their own money. greg is live in see if produce. -- cyprus. reporter: the folks in cyprus are still short of funds. if the banks re-open on thursday, and that is according to officials not a done deal -- cypriots will have been without banking for nearly two weeks. atms are limiting withdrawals to 100 euros. officials want to have firmly in place restrictions that try to prevent a run on the banks. according to the folks here this could still happen. among those protesting today, several thousand students. they're worried about their future. austerity moves could be the

slower economy, an increase in unemployment. folks were also marching on the central bank and we were there with them. people are worried about their money. they're concerned, as are many people elsewhere, about the controversial approached uses in the bailout, to seize assets from private bank accounts to help pay for a government rescue. today europeandown union officials claimed this tactic was unique. analysts are not sure about that. uncertainty again in the noble economy. >> shepard: adc cop has a lot of explaining to do. a thief made off with his police cruiser before he noticed it. the joy ride didn't last long. the suspect crashed a block away and ran off. officials say the officer had left the engine running while investigating a call. the officer will now face discipline, and he is a veteran who used to work in the auto

theft unit. new pictures of north korea's leader, kim jong-un, kim the younger, seems to be looking at something. that's what they do all the details on just what the rogue leader is examining, at the same time his government issues new threats against the united states. plus, jodi arias claimed her ex-boyfriend abused her. the trial is coming to an en. now the defense has called a domestic violence expert for her input. that's coming up as we approach the bottom of the hour and the top of the news. we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed: the official retirement age. ♪ the question is how do you make sure you have the money you need

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>> shepard: this is studio b. it's the bottom of the hour, time for the top of the news. north korea's rockets put on high alert and ready to strike. a word from the country's state-run media in an increasingly nasty war of words. the experts believe that's probably just bluster, they say the country is years away from attacking the united states. still they say they put the military on top combat position. and the state-run media put out new pictures of kim jong-un looking at things just like his dad. they show him inspecting an army unit and musical instruments the troops made, all of this coming weeks after north korea threw

out its cease fire with south korea in response to military exercised, and the tough economic punishments the west put in place. trace gallagher is live. we have been hearing threats of one kind for another as long as i've been doing this. >> the threats themselves are old news, but it's the runup to the threats that has some experts concerned. there's this kind of constant drum beat of provocation. look at the past three months. in december, you had north korea successfully firing that long-range rocket in february the government posted a video of new york city in flames. six days later the north tested its third nuclear weapon, and then in march, you have north korea kind of nullifying the armistice with south korea. here's a north korean expert, gordon chang. >> right now we can see most trends are moving in the wrong direction. we see the north koreans increasing the range of their

ballistic missiles. they're developing nuclear warhead, and the regime is becoming unstable. you put that together and we have to be concerned. >> the fear is that kim jong-un will eventually have to do something just to prove that his threats are not empty. >> shepard: that has to be of some concern to south korea. >> yeah, has to be. the pentagon, they're not really concerned about a long-range rocket hitting the united states but they're very concerned about the korean peninsula being destabilized, and any attack on south korea, even a small one, would likely bring a joint response from south korea and the united states. the level of that response is very unclear, but both the pentagon and the white house are now calling on north korea to cool the rhetoric. here's jay carney. >> as we said consistently, the pcrk will achieve nothing by the threats of prove asia, which will only further isolate north

korea and undermine efforts to ensure peace and stability in northeast asia. >> even china, which has provided much needed food and aid to north korea, seems to be vocally criticizing north korea actions over the past several months. >> shepard: trace, thanks. let's take this to john bussy for perspective. they're at it again. i feel like i've done this a thousand times. >> you can sometimes not separate the bluster from actual action. there's been this history of bluster and then every once in a while a lashing out. they sunk a warship three years ago this month. so this is something that the south particularly takes seriously. you can shell seoul from north korea and do damage if there isn't some kind of political stability in north korea and the military allowed to go its own

way? >> shepard: there is thanking the sanctions well be helpful. >> the sanctions have been ratcheted up, not just by the u.s., but the chinese have been slowing the trade across the border, showing its dismother the fact that north korea is attracting to much attention to the peninsula. that was a long-range missile test in december but it was a miniaturized nuclear weapon of some sort. so the presumption is that -- to put these on a missle and test that. that it would be way over the line of provocation if they did that. >> shepard: is kim the younger wanting talks here? >> i think what you're seeing is,ed a gordon chang was suggesting, there's a consolidation of power around the new leader, and it's not clear at all it's unstable. perhaps it is the process of stabilization. their latest comments about laying to cinder u.s. military bases in the pacific, which as a result of the u.s. saying it and south korea now have contingency

plans. if there's another action like a serving of a war ship, there will be retaliation, not this long deliberation over what to do. there will be serious action. and i think that's probably from the standpoint of the peninsula, that ratchets up tensions and also clarify things, and makes is clear there will be repercussions for hostile. >> shepard: he meets with dennis rodman and then pictures of looking at things. this makes no sense politically or otherwise. >> and you can argue the repeated threats somehow dilute the notion of a threat when one is made, because these are threats after threat after threat. again, i went to the dmz and it's a very tense place. there is no room for a mistake between the south and the north. there are provocations of all sorts. the north sends infiltrators into the south, periodically there are deaths as a result of that. so the possibility of a misstep is always the thing that the u.s. and china are most

concerned about. one that leads to a cascading series of very negative events. >> shepard: feels like it's all teetering out there sometimes. >> it does. >> jodi arias murder trial, and today the defense called a domestic violence expert to the stand. he testimony could support the defendant's claim she was in an abusive relationship before prosecutors say she shot her ex-boyfriend, stabbed him and slit his throat. she testified it was in self-defense but she cooperate remember the stabbing and throat slitting. and yesterday jodi arias had a strong reaction to questioning. watch what helps when he asked the defense psychologist if jodi airash lashed out out her mother. >> the times they were together, they were sitting down for dinner, and isn't it true that the defendant got mad and kicked sandy for no reason? >> objection.

>> yes. >> jurors could see a visibly frustrated jodi arias mouthing the word no there. adam housely. yesterday, adam, did not seem like a very good day iforrer -- if you're on the defense side of this thing. >> today was day 37. the trial now in the 13th 13th week, you mentioned yesterday wasn't a very good day for the defense. there's been a number of not very good days for the defense. dr. richmond samuels was on the stand for much of the time and the prosecutors hammered him, and the number of times he the doctor to admit mistakes on the report and misspoke in his testimony. and then there was this one moment which was not allowed but made the point with the jury in the room when the prosecutor insinuated the doctor had some sort of feelings for the defendant. take a listen. >> isn't it true that he discussed thoughts, feelings, associated, in the interview? >> yes. >> so, again, that speaks

against the number one -- >> i'm sorry. i don't see it that way. >> you don't because you have feelings for the defendant, right? >> i beg your pardon, sir. >> that one of the more memorable outbursts in the courtroom. we have seen a number of them as the prosecutor has gone every the defense witness. >> shepard: this last witness this today's last witness, scheduled last witness, they've got to be banking on this witness. >> she is going through her credentials. she is basically going to talk about how being battered as a woman could cause ptsd. that's been the defense's main argument all along, the reason why jodi arias cannot remember the significant part of killing her ex-boyfriend is because she had ptsd caused by him. so this with is going through her credentials and what makes her an expert witness. it's going to be interesting to see how the prosecution cross examines her. they've been very aggressive with every other defense

witness,. >> shepard: adam, thank you. >> you canner americans increasingly finding themselves the victims of identity theft. usually it's the old people. now it's the kids. all those online transactions are dangerous. a privately owned and privately built spacecraft gifts another test and passes. the latest mission for space x coming up. [ male announcer ] extreme power. ultimate savings.

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second and third. overall identity theft affected more than 350,000 americans last year. that's an all-time high. with is now retired fbi special agent and identity theft expert, jeff lan a. good to see you. >> nice to be here. >> shepard: kids -- younger people are giving away more information than their older folks? >> these numbers don't surprise me because older americans are being more careful as they become aware of these issues, whereas the younger people tend to be much looser with information online because of social networking sites. they think they're talking to their friends or too has with information in the cyberworld, and the think my identity is not worth stealing. go ahead, pay back my student loans. the probable lem is the suspects incur more charges in their name and then the problems add up for the victims. >> shepard: social security numbers are big problem here, aren't they?

>> the social security number by far is the key to stealing someone's identity. credit card fraud is one thing. you can charge up accounts in someone else's name if you have their credit card number. that is a simple problem to solve. identity theft is much longer-term problem. that's where someone opens new accounts in your name that get loans in your name, open checking accounts, credit card accounts, and they can't do that without the social security number. so the key to stealing someone's identity is getting the number. if you keep that safe you cannot have your identity stolen and incure these charges. >> shepard: a lot of people ask for your social security number-but for a lot of these transactions you don't have to get it. is it wise to say i don't want you to have my social security number? >> there's only two valid reasons to give a social. that's if you have to report taxes on your income so somebody opening up a bank account or applying for a. >> they need your social because

they report to the government in the income or interest in your name. when you apply for a new account,ow open up a new cell phone account you have to provide a social security number so they can run a credit check. those are the only two valid reasons to social security number. when someone applies online never provide the social initially. later on when the employers want to run a credit check as part of a brown investigation, at that time over the phone you might be able to give one -- someone's social security number if you made that phone call yourself but never in the early stages, never online, and certainly not in response to these advertisements for job applications. >> shepard: jeff lanza wi some good advice. >> the privately owned company spacex reported its dragon success any detached from the

space station and then splashed into the ocean. it was originally set for return on monday but choppy seas forced a delay. one astronaut said he was sad to see the capsule go. >> sad to see the dragon going, performed her job well, and wish her all the best. >> shepard: the dragon brought back more than one ton of science experiments and old station equipment. phil is in our florida newsroom. this makes spacex 33, right? >> ess, one test flight and two actual cargo missions per the contract with nasa, so everyone in hawthorne, california, ecstatic. about 3,000 meters above the pacific ocean, above the baja peninsula, when the dragon's three large parachutes, each 100 feet in diameter, they deployed and gently landed the scientific experiments and capsule safely into the ocean.

in the not too distant future the dragon will not splash down but touchdown on land george jet son -- jettison style. going up 40 stores and then landing gently on the ground. >> next month spacex getting competition. >> all part of nasa's plan to go from the space shuttle program, now retired to private space companies hauling cargo, and eventually human beings. orbital sciences, a space company in virginia, with tax dollar seed money, launches a dummy capsule to the station in mid-april. if successful, the ship will begin to also haul carrying. more immediately in this week, two russians and an american astronaut will launch from kazakhstan, arriving in the space station in one day.

a first for the russians to do it in one day. that will reduce costs and reduce discomfort for the true. that will double the residency population on the space station from three to six. they have a crowd. >> phil: thanks very much. usually big lotto winners end up with a team of attorneys and accounts and all kinds of stuff before they get in front of us. that's guy couldn't wait. immediate the nation's newest multimillion area. hundreds of times over. and thatlet to winner isn't the only one striking it rich. how this teenager turned a simple idea into a million bucks. ♪ you know my heart burns for you... ♪ i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is!

>> shepard: it's the moment that anybody played the lottery dreamed about.

you scan the ticket, her the chime, and on the screen it says jackpot. that's exactly what happened to this man in jersey. the winner of one of the biggest powerball jackpots ever. $338 million. usually the first time we see these winners is in a news conference holding a giant check. not this guy. he took his ticket to the liquor store where he bought it. >> the couldn't wait to get this prize. 44-year-old pedro quezada. is in not see this coming in his wildest dreams. >> did you sleep last night? >> translator: i was nervous. i couldn't close my eyes. >> at a news conference this afternoon, quezada was presented with massive check after beating 175 million to odds and winning the fourth largest powerball job

jackpot ever. he about it at the eagle liquor store where he buys beer and lottery tickets every day. he had a deli with a 25,000 didn't lazy lien, never more. >> shepard: no lawyers, no financial advisers. history tells us that's a bad sign. >> i don't think he has had time to digest it all. his son said he thinks his dad will do something good, maybe open another store. describe as a hard-working family man, immigrant, and has known hard times and they're thrilled one of their own has struck it rich. he used the quick pick and hit all five numbers and the power bowl. the eagle liquor store get $10,000 themselves so it's a good day.

>> shepard: i sure hope the good-when he finds good people before the bad people find them because the bad people are on the way if they're not there already. >> better stay indoors,. >> shepard: i wish him the best. i hope we're not here in two years talking about this. 17-year-old tech developer also raked in the big bucks. he sold his mobile app to yahoo for $30 million. he is 17. younger than yahoo itself which became a company in 1995. the apps condenses long articles into small clumps of text. it takes a long article and condenses it down to a few sentences automatically, instantly. the kid says his earnings have gone straight into a trust funds good for you. after all, he is in high school and finals are coming up. he said he will put in some time working for yahoo in its london

office, 13 million or so later. >> the star of the hit methamphetamine dealing drama, breaking bad, was the victim of a break-in. now secret from the final season of the show are in danger of becoming public. somebody stole a script. hang on.